Yadira v. Fernandez

Filing 88

ORDER by Judge Ronald M. Whyte denying Plaintiffs' Application for a Temporary Restraining Order (rmwlc1, COURT STAFF) (Filed on 9/8/2011)

1
2
3
4

E-FILED on

9/8/2011

5
6
7
IN THE UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10
United States District Court
For the Northern District of California

8

SAN JOSE DIVISION

11
12

ALMA YADIRA, et al.,

13

Plaintiffs,

14
15

v.
JESUS FERNANDEZ, et al.,

16

Defendants.

17

Related Case:

18

MONDRAGON, et al.,

19
20
21
22

No. C-08-05721 RMW
No. C-08-05722 RMW

ORDER DENYING PLAINTIFFS'
APPLICATION FOR A TEMPORARY
RESTRAINING ORDER AND ORDER TO
SHOW CAUSE

Plaintiffs,
v.
JESUS FERNANDEZ, et al.,
Defendants. al.,

23
24
25
26

On August 1, 2011, plaintiffs in the above captioned actions filed an application for a

27

temporary restraining order against defendant Jesus Fernandez and for an order to show cause why

28

an injunction should not issue against Jesus Fernandez. Plaintiffs' complaints, however, do not
ORDER DENYING PLAINTIFFS' APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW
CAUSE—No. C-08-05721 RMWNo. C-08-05722 RMW
JLR

1

contain allegations of harassment or retaliation, yet that is what plaintiffs seek to restrain. The

2

complaints in the two cases will need to be amended if plaintiffs wish to pursue relief for harassment

3

or retaliation. Further, the declarations filed in support of the application contain dated information

4

and unreliable hearsay that is inadequate to support the allegations in the application.

5

Plaintiffs' application for a TRO and order to show cause is denied without prejudice.

6
7
8

DATED:

9/7/2011
RONALD M. WHYTE
United States District Judge

9
United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDER DENYING PLAINTIFFS' APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW
CAUSE—No. C-08-05721 RMWNo. C-08-05722 RMW
JLR
2